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Patna High Court

Lilawati KumariversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The application was disposed of as withdrawn.

Summary

The petitioners, Lilawati Kumari and Rinku Kumari, applied to the Patna High Court seeking a writ directing the State Health Society, Bihar to grant them age relaxation for the Auxiliary Nurse Midwifery (ANM) post advertised under No.8/2025, alleging that their age exceeded the limit despite meeting all other qualifications. They argued that the age restriction was arbitrary and sought relief to be allowed to appear for the vacancy. During the hearing, counsel for the petitioners requested permission to withdraw the application so that they could address their grievances directly before the recruiting authorities. The Court, after hearing the request, allowed the withdrawal and disposed of the application as withdrawn. No substantive merits on the age‑relaxation issue were adjudicated, and the petition was left without a decision on the substantive claim.

Issues considered

  • Whether the petitioners are entitled to age relaxation for the ANM post advertised under Advertisement No.8/2025 of the Bihar State Health Society

Subjects

  • age relaxation
  • recruitment
  • auxiliary nurse midwifery
  • writ jurisdiction
  • withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.19838 of 2025
                 ======================================================
           1.     Lilawati Kumari Wife of Lalit Ram Singh, D/o Ram Ashis Ray, Resident of
                  village- Pararia, P.O. - Pararia, P.S.- Shambhuganj, District - Banka.
           2.    Rinku Kumari, D/o Jai Prakash Singh, W/o Ajab Lal Singh, Resident of
                 Village- Mohanpur P.S.- Shambhuganj, District- Banka.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
           2.    The Addl. Chief Secretary, Health Department, Govt. of Bihar, Patna.
           3.    The Chairman, Bihar Technical Service Commission, Patna, Bihar.
           4.    The Director, Bihar State Health Society, Patna, Bihar.
           5.    The Secretary, Bihar State Health Society, Patna, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Dhananjay Kumar Pandey, Advocate
                 For the State          :       Mr. Manoj Kumar Ambastha, S.C.-26
                                                Mr. Subodh Kumar, A.C. to S.C.-26
                 For the Health Society :       Dr. Anand Kumar, Advocate
                                                Ms. Vijeta Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   06-01-2026                   The petitioners have filed the instant application for

                   the following relief(s):

                                 “That this is an application for issuance of an
                                 appropriate writ, order or direction commanding the
                                 respondents to grant age relaxation to the petitioners
                                 to appear with respect to Advertisement No.8/2025
                                 published by State Health Society, Bihar for the post of
                                 Auxilliary Nurse Midwifery (ANM) as their age
                                 exceeds from the purview of the advertisement whereas
                                 fulfills all the criteria and after passing Revised
                                 Auxiliary Nurse Midwife in 2011 and completion of
                                 training the present vacancy comes which is last and
            Patna High Court CWJC No.19838 of 2025(2) dt.06-01-2026
                                                       2/2




                                   final option remains to the petitioners and/or for any
                                   other or orders as your Lordships may deem fit and
                                   proper under the circumstances of the case.”
                                  2. After some argument, learned counsel for the

                      petitioners seeks permission to withdraw this application to

                      enable the petitioners to represent for the grievances raised

                      herein before the respondents-authorities.

                                  3. The application is disposed of as withdrawn with

                      the aforesaid liberty.



                                                 (Partha Sarthy, J)
Saurabh/-

U


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